Ordering a ride from your Uber app is simple and convenient. It is one of the most effective ways to get from Point A to Point B when you do not have your own vehicle or do not want to drive. As with any car on the road, an accident is always possible.
A rideshare accident attorney at Kogan & DiSalvo could help you if you were seriously injured in a collision with an Uber driver. Call us today and schedule a free consultation. We could review your case and determine if you have a viable personal injury claim based on the cause of your Uber accident. When you need a full-service law firm that takes cases on a contingency basis, you can depend on our team.
Who is Liable After a Rideshare Accident?
Determining liability after a rideshare accident depends on the details surrounding the crash. The Uber driver may not be liable if another driver is responsible for the accident. If so, you may file a claim against that driver’s insurance company or a personal injury lawsuit against the defendant.
The rideshare driver must carry their own insurance, which in Florida is at least $10,000 of Personal Injury Protection (PIP) insurance and $10,000 in property damage liability coverage. They must also carry rideshare insurance. Depending on the individual insurer, that insurance may be a rider to their policy, or it could be separate.
In Florida, Uber and Lyft must carry $1 million in third-party liability insurance for drivers. However, that coverage is only available at a particular point in the rideshare experience, which includes the following:
- Uber drivers who are dropping off or picking up a passenger
- Uber drivers who have the app engaged while waiting to pick up a passenger
- Uber drivers who have passengers in their vehicles
Rideshare Accident Victims
A rideshare accident does not necessarily involve only the passengers in the Uber or Lyft vehicle. Rideshare accident victims include:
- The driver or passengers in another car struck by an Uber driver.
- Uber drivers hit by another vehicle.
- Pedestrians, bicyclists, or motorcyclists hit by an Uber driver.
What to Do After a Rideshare Accident
As with any motor vehicle accident, call 911 immediately. If you are not seriously injured, check to see if the Uber driver or occupants of the other vehicle have been hurt. Take photos of the accident scene and any injuries you have. Try to take notes or record exactly what happened. That is when the accident is most fresh in your mind. If there were eyewitnesses, obtain their names and contact information.
Always go to the emergency room or an urgent care facility after an accident, even if you do not think you were badly injured. Failure to have yourself checked out not only endangers your health but may affect your claim. Finally, do not sign any documents after the crash before seeking legal counsel.
Factors Affecting Your Accident Claim
In an Uber accident, there are four relevant phases:
- Offline–During this period, the driver’s personal liability insurance provides coverage as the driver is not actively engaged in ridesharing.
- Available–When a driver’s rideshare app is on, and they are waiting for contact from a potential passenger, their personal rideshare policy is in effect. Uber or Lyft may provide a certain amount of liability coverage in this situation. For instance, Uber offers third-party liability coverage of $50,000 in bodily injury per person, up to $100,000 per accident. It also provides $25,000 in property damage per accident.
- En route–Once the Uber driver is en route to pick up a passenger, the Uber coverage of $1 million in third-party liability coverage kicks in. Some drivers may also have coverage from their personal rideshare policies during this segment.
- On trip–From the time the passenger is in the vehicle until they are dropped off at their destination, the Uber, Lyft, or other rideshare company’s insurance is in effect.
Potential Compensation After an Uber Accident
Potential compensation, or damages, after an Uber accident may include the following:
- Medical expenses, present and future
- Lost wages
- Loss of future income
- Pain and suffering
- Mental anguish
- Loss of quality of life
When you suffer serious injuries due to an Uber driver’s negligence, you need a lawyer with experience dealing with rideshare accident claims.
Why It is Important to Talk to an Uber Accident Lawyer
At Kogan and DiSalvo, we could thoroughly investigate the circumstances surrounding your rideshare accident. We can determine liability and negotiate with the appropriate insurance companies from this. Note that the statute of limitations in Florida for filing a personal injury lawsuit is two years from the accident date. Because crucial evidence is often lost as time passes, it is critical to consult with a Delray Beach car accident lawyer as soon as possible.
While most claims are settled, we may pursue your case in court if the insurance company refuses to agree to a reasonable settlement.
Contact Kogan & DiSalvo for a Free Consultation
If you were seriously injured in an Uber or other rideshare company accident, you need the services of a Delray Beach car accident lawyer at Kogan & DiSalvo. Schedule a free, no-obligation consultation today. We serve clients in all of Palm Beach County. Because we work on a contingency basis, you pay no fee unless you receive compensation.